
Under the Health and Safety at Work Act (HSWA) 1974, employers are legally required to ensure the health, safety, and welfare of employees and anyone who might be affected by their work activities. This involves doing whatever is reasonably practicable to protect people from harm. However, safety in the workplace is a shared responsibility - employees also have key roles to play.
This guide outlines 13 essential employer responsibilities and 6 key duties for employees to maintain a safe and compliant workplace. It concludes with an overview of the Health and Safety Executive’s (HSE) role in promoting workplace safety.
To maintain health and safety in the workplace, employers must fulfil the following legal obligations:
1. Have a Health and Safety Policy
Every business must have a health and safety policy that describes how health and safety will be managed in the workplace. It should clearly state who is responsible for what, when, and how. For organisations with five or more employees, this policy must be written down and shared with everyone in the workplace.
2. Appoint a Competent Person
Employers must appoint a competent person with the necessary skills, knowledge, and experience to identify health and safety hazards and implement effective controls. However, the ultimate responsibility for workplace health and safety remains with the employer, even when duties are delegated.
3. Assess Risks
Risk assessments are legally required to identify hazards that could cause harm and determine measures to eliminate or control these risks. For businesses with five or more employees, the risk assessment must be documented in writing.
4. Set Up Emergency Procedures
Employers must establish and communicate clear emergency procedures, detailing what to do in an emergency, who to contact, and the location of fire exits, alarm call points, and assembly points.
5. Plan for First Aid, Accidents, and Ill Health
Every workplace must have:
6. Provide Training and Information
Employers are responsible for providing clear instructions, information, and adequate training so employees can carry out their work safely. This training must be understood by all employees, considering any language, literacy, or accessibility barriers.
7. Consult Employees
Employers must consult with employees or their representatives about health and safety matters. This involves allowing employees to raise safety concerns and considering their feedback when making health and safety decisions.
8. Provide Personal Protective Equipment (PPE)
Where necessary, employers must provide suitable PPE, such as protective clothing, shoes, eye and ear protection, gloves, and masks. PPE must be properly maintained, and employees must be trained on how and when to use it.
9. Report Accidents
Employers must report and keep records of workplace accidents, serious injuries, occupational diseases, and near misses as required under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations).
10. Display the Health and Safety Law Poster
Employers are required to display the Health and Safety Law poster where employees can easily read it. Alternatively, an equivalent leaflet can be distributed to all workers.
11. Provide Appropriate Workplace Facilities
Employers must provide suitable welfare facilities, including:
12. Have Insurance
Most employers are legally required to have Employers' Liability Insurance to cover compensation claims if an employee is injured or becomes ill because of their work.
13. Work with Others
When sharing a workplace with other employers or contractors, employers must coordinate health and safety activities. This includes sharing information about potential risks and working with emergency services in high-risk environments.
Under the HSWA 1974, employees also have a legal duty to take care of their own health and safety, as well as that of others who may be affected by their actions. To maintain a safe workplace, employees must:
1. Co-operate with Their Employer
Employees must follow the employer’s health and safety policies and procedures. They must also use safety equipment properly and not interfere with or misuse anything provided for their health, safety, or welfare.
2. Take Responsibility for Their Own Safety
Workers must be aware of their surroundings and avoid unsafe practices. They should report potential hazards to their employer to protect themselves and others.
3. Attend Health and Safety Training
Employees must attend any health and safety training provided by their employer and apply the knowledge gained to their work activities.
4. Wear PPE as Required
When required, employees must wear the PPE provided by their employer and use it correctly to minimise safety risks.
5. Ask for Guidance When Needed
If employees are unsure about any safety procedures, they should ask for guidance to ensure they are working safely.
6. Report Accidents and Near Misses
All incidents, including accidents, near misses, and hazards, must be reported immediately to the employer. Employees should never ignore potential safety risks.
The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. HSE’s mission is to prevent work-related death, injury, and illness by ensuring businesses comply with health and safety laws.
HSE’s responsibilities include:
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